Perth Local Laws - Severability Clauses

General Governance and Administration Western Australia 3 Minutes Read · published February 11, 2026 Flag of Western Australia

Severability clauses determine what happens if a part of a City of Perth local law is held invalid or unenforceable; they are a standard drafting tool across Perth, Western Australia local laws [1]. This guide explains how severability operates in municipal bylaws, what enforcement and remedies look like in practice, where to find the controlling instruments, and practical steps for residents, businesses and lawyers dealing with bylaw challenges in Perth, Western Australia.

What is a severability clause?

A severability clause says that if one provision of a local law is declared invalid, the rest of the law continues to operate. In Perth local laws this protects enforceable parts of a bylaw from being lost because one part is struck down.

Severability preserves the remainder of a law when only part is invalidated.

How severability works in practice

When a court or tribunal finds a provision void for uncertainty, inconsistency with higher law, or illegality, the severability clause is applied to determine whether the remaining provisions can function independently. If they can, those provisions remain in force; if not, the whole instrument may fail.

Penalties & Enforcement

Severability clauses themselves do not create offences or penalties; enforcement and penalties relate to the specific local law provisions that remain in force or are severed. Specific penalty amounts and enforcement procedures are set in the individual local laws or in the applicable enforcement instrument and are not stated on the City of Perth local laws overview page [1].

  • Fines: not specified on the cited page; check the specific local law text for monetary amounts and infringement schedules.
  • Escalation: first, repeat and continuing offence treatment is determined by each local law or enforcement policy and is not specified on the cited page.
  • Non-monetary sanctions: orders to remedy, abatement notices, seizure or removal orders and court proceedings may apply depending on the bylaw.
  • Enforcer: By-law Enforcement or Compliance teams in the City of Perth administer and enforce local laws; complaints and reports are made via the council’s enforcement/contact channels (see Help and Support / Resources below).
  • Appeals and reviews: appeal or review pathways vary by instrument; specific time limits and routes are not specified on the cited page.
  • Defences and discretion: common defences include reasonable excuse, compliance with a valid permit or variance, or reliance on defective enforcement procedure; availability depends on the applicable law and facts.
Severability does not affect penalties for unrelated provisions that remain valid.

Applications & Forms

Many enforcement outcomes require forms or applications (e.g., permit, abatement response). Where a specific City of Perth form is required, it appears with the relevant local law or on the council’s service pages; if no form is published for a particular remedy, the cited overview page does not specify one [1].

Common scenarios and action steps

  • If you believe a bylaw provision is invalid, obtain the exact local law citation and bring it to the council or legal adviser.
  • Request clarification or internal review from the By-law Enforcement team; lodge evidence and correspondence in writing.
  • If internal review is unsuccessful, seek independent legal advice about judicial review or tribunal options relevant to the subject matter.
Start by identifying the specific local law number and clause before taking formal steps.

FAQ

What does a severability clause do?
A severability clause allows the remainder of a local law to stay in force if a particular provision is found invalid.
Can a severability clause save an otherwise invalid bylaw?
Only if the remaining provisions can operate independently; if the invalid part is essential, the whole bylaw may fail.
Who enforces Perth local laws?
By-law Enforcement or Compliance teams within the City of Perth enforce local laws; reporting and complaint pathways are available via council service pages.

How-To

  1. Identify the exact local law, clause number and the enforcement notice or penalty text.
  2. Collect relevant evidence: notices, correspondence, photos and any permits or approvals.
  3. Contact the City of Perth By-law Enforcement team to request clarification or an internal review.
  4. If unresolved, obtain legal advice on options including judicial review, tribunal applications or defending enforcement action in court.
  5. Keep records of all communications and meet any appeal deadlines set out in the enforcement notice or council procedure.

Key Takeaways

  • Severability preserves valid parts of a bylaw when one part is invalid.
  • Enforcement and penalties are set by the specific local law; contact By-law Enforcement for details.

Help and Support / Resources

  1. [1] City of Perth local laws and consolidated instruments

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